Migration Law Assignment

This assignment provides guidance on migration law in Australia, specifically regarding visa cancellation and the process for review at the Administrative Appeals Tribunal (AAT). It explains the steps to be taken if a visa is being cancelled, including the opportunity to respond to the Notice of Intention to Consider Cancellation and the option to apply for review at the AAT. The assignment also highlights the importance of seeking legal assistance for a successful outcome.

Running head: MIGRATION LAW ASSIGNMENT
MIGRATION LAW ASSIGNMENT
Name of the Student:
Name of the University:
Author Note:

1MIGRATION LAW ASSIGNMENT
Dear Linda,
Thank you for choosing me as your migration agent. I am sorry to know about your
present situation. Since you are living in Australia under 186 sub class visa, I will be guiding you
in this regard according to the provisions enumerated there1. I am glad to give you potential
advice in this matter as I am bound by the Australian Code of Conduct as a migration agent2.
Firstly, if the Department of Home Affairs proceeds to cancel your visa for violating the
conditions laid down in the Migration Act 19583 you need not to panic. Australian Department of
Home Minister (DHA) will send you a Notice of Intention to Consider Cancellation where you
will be given an opportunity to tell the Department of Immigration and Citizenship (DIAC) why
your visa should not be cancelled4. Since you are not accused of failing in character test, it will
not cancel your visa at once. When DHA will send you the notice, it will be accompanied by
other documents to and you will be asked to reply it. In general you will be given 28 days to
reply this; however extension can be given in some cases. The policy that is used by DIAC in
deciding whether or not the visa is to be cancelled is given in a document called Ministerial
Direction 41. A copy of this document will also be provided with you along with the Notice. It
has got detailed guidelines of what would DIAC may take into consideration when it is about to
cancel your visa. There are mainly ‘primary conditions’ which the DIAC must take into
consideration and there are ‘secondary conditions’ which the DIAC may not take into
consideration.
1 "Employer Nomination Scheme (Subclass 186) Visa", Immi.Homeaffairs.Gov.Au (Webpage, 2019)
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/employer-nomination-scheme-186>.
2 Mara.Gov.Au (Webpage, 2019) <https://www.mara.gov.au/media/553229/Code_of_Conduct_April_2017.pdf>.
3"MIGRATION ACT 1958",Www5.Austlii.Edu.Au(Webpage, 2019)
<http://www5.austlii.edu.au/au/legis/cth/consol_act/ma1958118/index.html>.
4Lacextra.Legalaid.Nsw.Gov.Au (Webpage, 2019)
<http://lacextra.legalaid.nsw.gov.au/PublicationsResourcesService/PublicationImprints/Files/410.pdf>.

2MIGRATION LAW ASSIGNMENT
Once you receive the Notice, it does not mean that you are left with no option. You have
time of minimum 28 days to respond to the Notice. Unless your visa is cancelled, you can live in
Australia as an immigrant and continue to work as before. You will have the same status as you
had before unless your visa is cancelled.
However, if your visa is being cancelled by DIAC, please do not lose hope. You can
always have an option to apply for the review of such decision at the Administrative Appeals
Tribunal (AAT)5. However there are very strict time limits for this purpose. You must make an
application of review within 9 days. To make an application for review, you have to fill up an
Application for Review of Decision Form. You can get this from AAT and then completely fill it
and send it back to it by post or fax. While sending the application to AAT, copies of the Notice
of Visa Cancellation and all other documents that have been sent by DIAC along with the Notice
of Visa Cancellation must accompanied. In addition that, you have to pay an application of fee of
100$ by cheque, credit card or money order. Unless you pay the application fee, your application
is not valid and complete. You can represent yourself at the AAT, but it will be better if you seek
legal assistance or advice from an efficient lawyer to get fruitful result. If you are not confident
in speaking in English, you can always ask for an interpreter at AAT.
The application for review at AAT must be filed within the prescribed time limit. In order
to calculate the time limit, you have to consider the date you are deemed to be notified of the
decision of cancellation. The amount of time available to you depends on how you received the
Notice. If it is posted to you, the date you are deemed to have been notified is 7 working days
except Saturday, Sunday and public holiday) from the date of Notice. Then 9 more days
5 Segrave, Marie, Helen Forbes-Mewett, and Chloe Keel. "Migration review tribunal decisions in student visa
cancellation appeals: Sympathy, hardship and exceptional circumstances." Current Issues in Criminal Justice 29.1
(2017): 1-17.

3MIGRATION LAW ASSIGNMENT
including Saturday and Sunday from deemed date is available to file the application. If the
Notice was sent by hand, fax or email, the deemed date is the after it was handed, faxed o
emailed. Then again 9 days are available from the deemed date including Saturday and Sunday.
In both the cases, if such date falls on weekend or public holiday, then such application can be
made on next working day. There is no option of extending the time limit unless there is
anything wrong with the Notice or the way it is received. The decision made by the AAT is final
and binding; but one can go to court in extreme conditions only.
In all the above situations, I will be always guiding you in all the necessary steps so as to
guide you and help you to get out of this critical condition.
Regards,

4MIGRATION LAW ASSIGNMENT
References
"MIGRATION ACT 1958", Www5.Austlii.Edu.Au (Webpage, 2019)
http://www5.austlii.edu.au/au/legis/cth/consol_act/ma1958118/index.html
Mara.Gov.Au (Webpage, 2019)
https://www.mara.gov.au/media/553229/Code_of_Conduct_April_2017.pdf
Lacextra.Legalaid.Nsw.Gov.Au (Webpage, 2019)
http://lacextra.legalaid.nsw.gov.au/PublicationsResourcesService/PublicationImprints/Files/
410.pdf
"Employer Nomination Scheme (Subclass 186) Visa", Immi.Homeaffairs.Gov.Au (Webpage,
2019) https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/employer-nomination-
scheme-186
Segrave, Marie, Helen Forbes-Mewett, and Chloe Keel. "Migration review tribunal decisions in
student visa cancellation appeals: Sympathy, hardship and exceptional circumstances." Current
Issues in Criminal Justice 29.1 (2017): 1-17.